The High Court applied Section 439 Cr.P.C. to grant bail to the petitioner in a narcotics case where the seized quantity of ganja was below commercial limits, thus excluding the mandatory bar under Section 37 of the N.D.P.S. Act. The application was allowed.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two solvent sureties.
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BLAPL No. 2865 of 2020
G. Suryanarayan Dora
PETITIONER
-VERSUS-
STATE OF ODISHA
... OPP.PARTY
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with P.R. No. 79/2019-20 corresponding to 2(a) C.C. No.05 of 2020 (N) pending in the file of learned Addl. Sessions Judge -cum- Special Judge, Khallikote for alleged commission of offence under section 20(b)(ii)(B) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cumSpecial Judge, Khallikote, which was rejected on 18.03.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 12.03.2020 and the quantity of ganja seized from the possession of the petitioner is lesser than the commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) with two solvent sureties each
for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned court may deem just and proper.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..…… S.K. Sahoo, J.
PKSahoo
1 issue framed by the court
Whether the petitioner is entitled to bail when the quantity of seized ganja is less than the commercial quantity making Section 37 of the N.D.P.S. Act inapplicable.
3 provisions across 2 enactments
G. Suryanarayan Dora
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
